Sushil Podh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7178 of 2022 Sushil Podh & others ....

Petitioners Mr. D. Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

20.10.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the Petitioners and learned counsel for the State.

3.

The Petitioners are accused in C.T. Case No.542 of 2022 pending in the file of learned S.D.J.M., Jharsuguda, arising out of Brajrajnagar P.S Case No.66 of 2022, for commission of offence under Sections 395/397 IPC.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Jharsuguda by order dated 27.04.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 04.03.2022 and the charge sheet having been filed on 5.7.2022 and the release of the co-

accused by order dated 15.09.2022 in BLAPL Nos.3193, 3194 and 4550 of 2022, further continuance of the Petitioners is unwarranted. 6.

Learned counsel for the State opposes the prayer for bail. So far as criminal proclivity is concerned, learned counsel for the State submits that Petitioner No.1 has two criminal case of similar nature.

7.

Considering the nature of allegation in the case at hand and the release of the co-accused, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned court in seisin over the matter.

8.

Additionally, it is directed that, keeping in view the criminal proclivity, Petitioner No.1 shall appear before the jurisdictional police station of the Court in seisin over the matter once every week till conclusion of trial.

9.

Accordingly, the BLAPL stands disposed of.

10.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge PKS